Oney v. Commissioner of Social Security

Filing 19

-CLERK TO FOLLOW UP-ORDER denying 12 defendant's Motion for Judgment on the Pleadings; granting 13 plaintiff's Motion for Judgment on the Pleadings; adopting Report and Recommendation re 18 . Case is remanded to the Commissioner for further proceedings. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 9/30/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

TERRILEE ONEY,
Plaintiff,
ORDER
12-CV-872A

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.

Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 10, 2013, Magistrate
Judge Scott filed a Report and Recommendation, recommending that the decision of
the Commissioner be reversed and the matter remanded for further administrative
proceedings. In addition, the Magistrate Judge recommended that defendant
Commissioner’s motion for judgment on the pleadings be denied and plaintiff’s motion
for similar relief in her favor be granted.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Scott’s Report and Recommendation, the decision of the
Commissioner is reversed and the matter is remanded to the Commissioner for further
administrative proceedings. In addition, defendant Commissioner’s motion for
judgment on the pleadings is denied and plaintiff’s motion for similar relief in her favor is

granted.
The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED:September 30, 2013